Local Rule Rule 83.7e: Disciplinary Proceeding

Rule 83.7e Disciplinary Proceeding

(a) Referral by the Court.

When misconduct or allegations of misconduct in any case or proceeding in this court on the part of an attorney admitted to practice before this court that, if substantiated, would warrant discipline of such attorney shall come to the attention of a judge of this court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these local rules, the judge shall refer the matter to a referee attorney in accordance with Local Civil Rule 83.7b(f) for investigation and, if warranted, the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate.

(b) Recommendation for Disposition.

Should the referee attorney conclude after investigation and review that a formal disciplinary proceeding should not be initiated against the respondent-attorney because sufficient evidence is not present or because another proceeding is pending against the respondent-attorney, the disposition of which in the judgment of the referee attorney should be awaited before further action by this court is considered, or for any other valid reason, the referee attorney shall file with the court a recommendation for disposition of the matter, whether by dismissal, admonition, deferral, or otherwise, setting forth the reasons therefor.

(c) Initiation of Disciplinary Proceedings.

To initiate formal disciplinary proceedings, the referee attorney shall obtain an order of this court upon a showing of probable cause requiring the respondent-attorney to show cause within 30 days after service of that order upon that attorney, personally or by mail, why the attorney should not be disciplined.

(d) Procedure for Hearing.

Upon the respondent-attorney's answer to the order to show cause, if any issue of fact is raised or the respondent-attorney wishes to be heard in mitigation, this court shall set the matter for prompt hearing before one or more judges of this court, provided that, if the disciplinary proceeding is predicated upon the complaint of a judge of this court, the hearing shall be conducted before another judge of this court appointed by the Chief Judge, or if the Chief Judge is the complainant, by the next senior judge of this court.